HomeMy WebLinkAboutOrd 668 Amending Chapter 82 Providing for Park Land Dedication requirementsTOWN OF WESTLAKE
ORDINANCE NO. 668
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 82
SUBDIVISIONS, ARTICLE XIII ADDING SECTIONS 82-387 TO 82-392 PROVIDING
FOR PARK LAND DEDICATION PROVIDING A PENALTY; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary to
allow the parkland dedication/fee ordinance to be used as a tool for the Council to identify open
space, trails, private parks, public parks and/or recreation areas necessary for the future planning
of the Westlake community while allowing growth to pay for growth; and
WHEREAS, to promote Westlake as a community with a high quality of life that
demonstrates leaders in serving our residents.
WHEREAS, upon the recommendation of the Town staff, the Town Council of
the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its
citizens that the amendments CHAPTER 82, ARTICLE XIII to the park land dedication
requirement should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION I: That all matters stated in the preamble are found to be true and
correct and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 82, Article XIII, Sections 82.387 through 82.392 of
the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows.
CHAPTER 821, ARTICLE XIII, PARK LAND DEDICATION REQUIREMENTS
Section 82.387 Purpose and Intent: The requirements for park and recreational areas contained in
this Article are intended to ensure that sufficient land is dedicated or otherwise set aside to meet
the demand and need of our future residents for parks and recreational areas. In determining the
size, shape and quality of the parks and recreational areas that should be set aside and reserved in
the manner set out in this Article, the Town has considered the projected growth in population
and development within the municipality and the amount of park and recreational facilities
needed to accommodate such growth as stated in the Parks, Recreation, and Open Space Master
Plan.
Section 82.388 .Applicability: (a) Unplatted Property: This article applies to all property for
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which a final plat has not been formally submitted to the Town for approval, unless otherwise
noted herein.
(b) Exempt Property: Any tract or lot occupied by an existing residential dwelling unit at the
time of adoption of this ordinance shall be exempt from the dedication requirements of the
Article herein. This exemption pertains only to the tract and/or lot the existing residential
dwelling is built upon. Any additional lots created by subdivision of said property shall be
subject to the requirements herein.
(c) Date of Assessment: All requirements contained in this article shall be assessed at the time of
approval of the final plat of any applicable property.
Section 82.389 Land Dedication Requirements: (a) General: Land dedication requirements
herein are based on the Town's adopted Land Use Plan and the Parks - Recreation & Open Space
Master Plan. The developer shall show the land dedication requirements contained herein with
the submittal of a development plan, concept plan, preliminary plat or other appropriate
development submittal.
(1) Residential Developments: Park and recreational areas, meeting the requirements contained
within this Article, shall be dedicated to the Town at a ratio of one (1) acre of park land for every
thirty (30) residential dwelling units or prorated portion thereof
(2) Non -Residential Developments: Non-residential developments create environmental
impacts which may negatively affect the living environment of the community. These impacts
may be ameliorated or eliminated by providing park or open space areas which buffer adjoining
land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of
automotive exhaust fumes, provide natural buffers to the spread of fire or explosion, and provide
separation of lighting, waste disposal, and noise by-products of non-residential operations and
activities from adjacent residential areas. The Town hereby determines that non-residential
developments must provide dedicated parks and/or reserved public open space at a ratio of one
(1) acre of park land for every fifty (50) non-residential gross acres of development or prorated
portion thereof.
(3) Off-site Dedications: With the consent of the Town Council, a developer may dedicate the
required park land for a development at another location within the Town, provided that the off-
site land dedication is in accordance with this Article.
(b) Transfers and Credits for Prior Dedications, Fees and Gifts: In considering the amount of
land dedication required of a proposed development, the Town may, at its discretion, apply
former dedications which were in excess of the requirement at that time to current or future
dedication requirements of the same owner/applicant. A dedication or cash payment in lieu of
dedication made prior to the passage of this ordinance shall be controlled by the provisions of the
ordinance in effect at the time such obligation arose, provided the final plat has been submitted
to the Town for approval prior to the passage of this Ordinance. At the discretion of the Town,
any former gift of land to the municipality may be credited under the terms of the current
ordinance toward eventual land dedication requirements imposed on the donor of such lands.
Section 82.390 Characteristics of Parkland: The Town Council shall consider the characteristics
of proposed dedicated park and recreational areas as outlined in the Parks — Recreation & Open
Space Master Plan. In determining whether to accept or refuse the dedication of park lands, fees,
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facilities or a combination thereof as outlined in Article 82.391 below, the Town Council shall
consider the Parks - Recreation & Open Space Master Plan, and other policies and ordinances, as
a guideline for such decisions.
Section 82.391 Alternatives to Land Dedication: In any case where a dedication is required, the
Town Council shall have the right, but not the obligation, to accept the dedication as submitted
for approval, or in the alternative, to refuse dedication of the same, and in lieu thereof to require
payment of cash under the formula contained in this Article or to allow the developer to
construct recreation or park improvements. The Town may permit a combination of dedication,
improvements and fees to be used to fulfill this requirement.
(a) Fee Payment:
(1) Approval of Fee Payment: The Town Council shall determine the
acceptability of a developer's payment of fees in lieu of the land dedication
requirement of this Article.
(2) Calculation of Fees: The Town Council shall periodically establish an
acreage land value cost figure to be used in calculating park fees. This
determination shall be based on a study approved by the Town Council. The
figure shall be the acreage cost under which all park fees are calculated.
Fees paid in lieu of dedication shall be based on a determination made by the
Town Council.
Fees shall be paid prior to the Final Plat being filed, unless authorized otherwise
in a developer's agreement approved by the town council.
(b) Physical or Equipment Improvements to Public Parks:
(1) Compatibility with Park Master Plan: The Town Council may grant a developer the option of
improving existing facilities within municipal parks and/or improving dedicated park land in lieu
of park land dedication or payment of cash. Should any of these options be approved, the Town
and the developer shall, prior to initiation of work on such improvements, enter into a
Developer's Agreement. In no case shall the Town be required to reimburse the developer for
improvements at an amount greater than required by this Article. A request to provide facility
improvements in lieu of dedication shall be submitted in writing.
Section 82.392 Private Parks and Recreation or Open Spaces: If a developer desires to
incorporate a private park within its development they may request limited credit for these
private parks facilities against their public parks dedication requirements. A developer may
request credit for any private park but such private park may satisfy no more than 10% of the
total park and recreation area dedication requirement of this ordinance. The Town must approve
the incorporation of private park or recreation areas to meet the requirements of this Article.
The Town Council shall have authorization to grant a variance to the Park Land Dedication
requirements of this Article, but not to any other sections of this Article. A variance request will
only be considered for applicants that seek to plat and develop under an existing or new Planned
Development District.
SECTION 4: That all provisions of Ordinance Chapter 82 Article XIII not hereby
amended shall remain in full force and effect.
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SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION G: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the maximum amount authorized by law for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS -24'h DAY OF OCTOBER 2011.
OF
ATTEST: =
X
Kelly Edwar s, Town Secretary
Laur Wheat, Mayor
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Star -Telegram
Customer
TOW27
400 W. 7TH STREET
Invoice Number:
318506751
FORT WORTH, TX 76102
(817) 390-7761
Invoice Date:
10/28/2011
Federal Tax ID 26-2674582
'Terms:
Net due in 21 days
Due Date:
10/31/2011
Dill To:
PO Number:
TOWN OF WESTLAKE
3 VILLAGE CIR STE 202
Order Number:
31850675
WESTLAKE, TX 76262-7940
Sales Rep:
073
Description:
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Publication Dates:10/27/2011
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THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
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(31 i) 215-2323
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SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, OctAegf3j,12011.
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Remit To: Star -Telegram Customer ID: TOW27
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